The petitioner filed a writ petition challenging the rejection of an application for substituting the Sarwarakar of a temple. The court dismissed the petition as devoid of merits because the finding that the incumbent refused to act was not challenged. No legal issue regarding the trust deed was addressed.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9247 of 2018 Petitioner :- Shankar Lal Gaur Respondent :- Sri Hanumaj Ji Maharaj Mandir And Another Counsel for Petitioner :- Pradumn Tripathi Counsel for Respondent :- Ram Sajiwan Mishra
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to set aside the orders dated 10.03.2017 and 18.09.2018 passed by the court below whereby the application 57-Ka moved by the plaintiff for substitution of one Ajay Veer Singh Sengar as Sarwarakar of Sri Hanuman Ji Maharaj Virajman Mandir situated at premises No.33/163, Gaya Prasad Lane, Kanpur Nagar has been rejected.
Both the courts below have recorded a categorical finding to the effect that the person, whose substitution was sought by the plaintiff being Sarwarakar of the aforesaid temple himself appeared before the court below to contest the said application and stated that he was unable to discharge the duties of Sarwarakar. The said finding recorded by the court of Civil Judge (J.D.), City Kanpur Nagar while passing the order dated 10.03.2017 for rejection of application 57Ka, is not disputed before this Court.
Only submission made by learned counsel for the petitioner is that as per the relevant clauses of trust deed, the substitution application seeking substitution of one of the heir of the then Sarwarakar could not have been rejected by the court below.
This submission of learned counsel for the petitioner cannot be accepted in absence of any challenge to the finding returned by the court below that the person whose substitution has been sought by the plaintiff/petitioner himself refused to act as Sarwarakar of the temple concerned. The order of substitution, if any, of the newly appointed Sarwarakar of the temple as per the trust deed is not challenged in the present petition.
No other submissions have been made.
The present petition is found devoid of merits and hence dismissed .
Order Date :- 3.1.2019 Himanshu
2 issues framed by the court
Whether the civil court erred in rejecting the plaintiff's application for substitution of the Sarwarakar of the temple despite the incumbent refusing to act.
Whether the trust deed clauses mandate judicial substitution over the will of the incumbent Sarwarakar.
Shankar Lal Gaur
Sri Hanumaj Ji Maharaj Mandir
Another
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
